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DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
VOLUNTARY DEPOSITIONS: Depositions of willing witnesses may be conducted in Indonesia without the interposition of Indonesian authorities regardless of the nationality of the witness, provided the testimony is voluntary and no compulsion is used. The witnesses may refuse to take an oath or refrain from answering any or all questions. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys from the U.S. or Indonesia. Voluntary depositions may take place on U.S. consular premises or at other locations such as offices or hotels, and are taken either on notice or pursuant to a commission. See our general flyer on Obtaining Evidence Abroad for details.
ARRANGING FOR U.S. CONSULAR ASSISTANCE: If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. Embassy directly. Contact the U.S. Embassy in Indonesia to schedule a deposition of willing witnesses directly on U.S. consular premises, to arrange the participation of a consular officer to administer oaths off-site, or to obtain information about court reporters, stenographers or interpreters. Our general flyer, Obtaining Evidence Abroad , include a checklist of the specific information inquirers should include in requests to the U.S. Embassy.
ARRANGING FOR U.S. CONSULAR ASSISTANCE IN DEPOSITIONS : The Office of American Citizen Services information flyer entitled Obtaining Evidence Abroad includes step-by-step instructions for what information you should fax to U.S. consular officers at the American Embassy in Indonesia to arrange for voluntary depositions.
PARTICIPATION BY LOCAL, STATE OR U.S. GOVERNMENT OFFICIALS : Local, State or U.S. Government officials must have formal U.S. Embassy and Host Country clearance before traveling to a foreign country to conduct informal interviews related to judicial assistance matters or depositions. If participation of such officials is envisioned, they should contact the East Asia and Pacific Division of the Office of American Citizens Services which will transmit the request for host country clearance to the U.S. Embassy in Jakarta for transmittal to the Foreign Ministry of Indonesia. Police clearance does not constitute formal host country clearance.
COMPULSION OF EVIDENCE: Indonesia is not a party to the Hague Convention on Obtaining Evidence Abroad. Compulsion of evidence is obtained pursuant to a letter rogatory. A letter rogatory is a request from a court in the U.S. addressed "to the Appropriate Judicial Authority" of the foreign country. See our general information flyer, "Preparation of Letters Rogatory" for details about the process. There are no laws or regulations specifically relating to the use of Indonesian courts for the taking of depositions requested by foreign courts, nor is there clear precedent to which one can refer in determining how to approach the Indonesian courts on this matter.
Requesting counsel should be aware that when letters rogatory are executed by foreign courts which compel the appearance of a witness to answer written interrogatories, the evidence is taken in accordance with the rules of the foreign court. In most cases an American attorney will not be permitted to participate in such a proceeding. Occasionally a foreign attorney may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his recollection of the witness''s responses to his secretary. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year to execute.
PREPARING A LETTER ROGATORY FOR USE IN INDONESIA: In addition to the general guidance in our flyer Preparation of Letters Rogatory , keep in mind that any letter rogatory intended for use in Indonesia must include the following:
Reciprocity: an offer of reciprocal assistance;
Costs: a statement expressing willingness to reimburse the Indonesian judicial authorities for costs incurred in execution of the
letter rogatory;
Translations: a certified translation in Indonesian attached to the English copy (although not a requirement, this will expedite processing
in Indonesia).
Authority to Issue the Letter Rogatory: The letter rogatory must include the signature of the judge and the seal of the court. Any summons accompanying the letter
rogatory must include the seal of the court;
Authentication: The letter rogatory and any accompanying documents must be authenticated (also called legalized) by the Indonesian Embassy,
2020 Massachusetts Ave., N.W., Washington, D.C. 20036, tel: 202-775-5200. Contact the Consular Section of the Indonesian Embassy
for details about requisite fees. Our general information flyer, Authentication of Documents for Use Abroad includes step-by-step instructions about this process.
U.S. Consular Fees : There is a $455.00 fee for consular services related to letters rogatory. The U.S. fee and any local (foreign) fees will be deducted from the $500.00 deposit check (bank or firm check/no personal checks) payable to American Embassy Jakarta which should accompany the letters rogatory and cover letter (including the complete mailing address of the court in the U.S. to which the executed request should be returned).
Requests from State or Federal Government Officials : If the service is on behalf of the federal, state or local government, there is no fee. If the letter rogatory is being transmitted at the request of a state or federal official no U.S. consular fee will be charged. However, local authorities in the foreign country may impose fees of their own which must be paid by the state or federal authority in the United States requesting the judicial assistance. You will be contacted if a federal appropriation number and fund code or remittance a check for foreign fees owed by state or local governments in the U.S. are necessary.
Service of process can be effected in Indonesia in a variety of ways:
1. International registered mail, return receipt requested.
2. Personal service by agent can be accomplished by retaining a Indonesian attorney who will serve the documents and execute an affidavit of service at the U.S. embassy. There is a $55.00 fee for the U.S. consular officer''s notarial service. Lists of attorneys are available from the Office of American Citizens Services, see Questions below.
3. Letters Rogatory (See Above)
LISTS OF FOREIGN ATTORNEYS : Lists of foreign attorneys willing to represent U.S. citizens have been prepared by the American Embassy in Indonesia. Copies may be obtained from the Department of State, Office of American Citizen Services.
AUTHENTICATION OF DOCUMENTS : Indonesia is not a party to the Hague Legalization Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Documents originating in Indonesia intended for use in the United States must be authenticated before a U.S. consular officer in Indonesia. There is a $32.00 fee per document for this service payable to American Embassy Jakarta. Likewise, documents originating in the U.S. intended for use in Indonesia must be authenticated by the Indonesian Embassy.
U.S. EMBASSY and CONSULATE LOCATIONS
U.S. Embassy
Medan Merdeka Selatan 5
Jakarta, Indonesia
tel. 011-62-21-344-2211
fax 011-62-21-386-2259
U.S. Consulate General
Jalan Raya Dr. Sutomo 33
Surabaya, Indonesia
tel. 011-62-31-568-2287/88
fax 011-62-31-567-4492
ADDITIONAL INFORMATION : The Office of American Citizens Services has available general information flyers on international judicial assistance. These topics include:
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Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page .
TREATY DATABASES ON THE INTERNET:
United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: http://www.state.gov/www/global/legal_affairs/tifindex.html.
United Nations (UN): Databases/Treaties at http://untreaty.un.org ;
Council of Europe (COE) under Texts/Treaties , COE press releases including treaty action ;
Organization of American States (OAS): under Documents/Treaties and Conventions.
Questions : Should you have further questions about the procedures not addressed in this material, please contact the Office of American Citizens Services, East Asia and Pacific Division, Department of State, 2201 C Street, N.W., Room 4817, Washington, D.C. 20520, tel: 202-647-6769; or 202-647-5226; fax: 202-647-2835.
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